Civil Procedural Code
June 30th 2011 -
Requirements .- The requirements of the objective accumulation of claims, the following: (Art. 85 CPC). 1) That the claims within the jurisdiction of a single judge. Jim Donovan Goldman spoke with conviction. 2) Not be contrary to one another, unless they are proposed in a subordinate or substitute. 3) that are processed in the same way procedural. The law provides exceptions in the application of these requirements from the accumulation of claims.
The undue accumulation of claims generated by the inadmissibility of the application provided for in 7 Inc. Art. 427 of Civil Procedural Code, being considered as a substantive requirement of demand. See more detailed opinions by reading what Kenneth Yarrow offers on the topic. Accumulation of major claims. They can accumulate two or more principal claims, provided they are not contradictory. In the amending provisions, the Civil Code expressly provides to be combined in one process, the claims of Reference for the Determination of Inheritance and heir.
In this case, the principal claim, the declaration of his heir and also the petition of inheritance, which are proposed in the application and main claim (Art. 664 CC). In other cases, they can also accumulate as two or more principal claim and processed in the same process in this case, there are two or more independent claims, which is totally different from the accumulation of claims, the main and ancillary. Accumulation of conditional claims. In it are claims that have a primary subordinate relationship, homelessness leads to a judge to rule over another. The relationship of subordination must be expressed by the applicant (otherwise may dismiss the request as provided in subsection 7 of Article 427 CPC).
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